ANIAGOLU, J.S.C. (Delivering the Leading Judgment): The instant appeal has arisen from a decision of the Federal Court of Appeal which set aside the judgment of the High Court of Oyo State of Nigeria holden at Ile-Ife and delivered by S. O. Agbaje-Williams, J., on 28th January 1977. The said High Court had given judgment for the plaintiffs (now appellants before us) in a case which originated from the High Court of the old Western State of Nigeria of the Ife judicial Division and in which the claim was for:
1. a declaration of title to a piece and parcel of land situate at Ilare, Ile-Ife, shown and delineated in a plan GS 144/75 and therein verged green;
2. an injunction restraining the defendant, his servants, agents or privies "from remaining on or laying claim to the said piece of family land"; and
3. recovery of possession of the land.
The summary of the contentions of the parties was this:
For the plaintiffs - that the claims should be granted by reason of the fact that the land…